Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: M.A.C.T 67/22
MAIHTAB AND ORS. Vs. ICICI LOMBARD GEN. INS. CO. LTD.
AND ORS.
25.07.2024
Present : Ms. Priyanka Sethia, Ld. Counsel for petitioner by VC.
None for R-2.
Ld. Proxy Counsel for Insurance Company.
Heard. Record perused.
Pass over has been sought on behalf of Insurance Company.
Be awaited.
(Vrinda Kumari)
Judge / PO, MACT
New Delhi/25.07.2024(R)
At 11:15 AM
Present : Ms. Priyanka Sethia, Ld. Counsel for petitioner.
Sh. Mohd. Ragib, Ld. Counsel for Insurance Company.
Heard. Record perused.
Two applications u/O 1 R 10 CPC are pending. The first
application is an application file by petitioner on 10.02.2023 for
impleading Bharti Axa General Insurance (now merged with ICICI
Lombard Gen. Insurance Pvt Ltd) as respondent.
Contd….
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The second application u/O 1 R 10 CPC was moved by
Insurance Company ICICI Lombard Gen. Insurance on 18.04.2024 for
deletion of its name from the array of parties.
I have heard the arguments and have perused the record
carefully.
Perusal of record shows that in the Risk Assumption Letter
issued by ICICI Lombard Insurance Company, the details of third party
insurance policy issued by Bharti Axa are mentioned. Ld. Counsel for
ICICI Lombard submits that even though this letter was issued by ICICI
Lombard, the third party insurance mentioned in the letter does not exist
and this third party policy is a fake one. These contentions of Ld. Counsel
for the Insurance Company are a matter of trial.
In light of the above discussed Risk Assumption Letter, the
application of the petitioner for impleading Bharti Axa (now merged with
ICICI Lombard) is allowed.
No doubt, as per the Risk Assumption Letter, ICICI Lombard
Gen. Insurance Company is the insurer in respect of Own Damage
Insurance Policy and, therefore, it is liable to be deleted from the array of
parties to this extent, but, it is not disputed that Bharti Axa now stands
merged with ICICI Lombard Gen. Insurance Company. Since Bharti Axa
has now ceased to exist and it stands merged and renamed as
Contd….
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ICICI Lombard Gen. Insurance Company, the Tribunal does not find it apt
to delete ICICI Lombard Gen. Insurance Company from the array of
parties. The petitioner, however, is directed to implead insurance company
in the name of ‘ICICI Lombard Gen. Insurance Company (previously
Bharti Axa)’ and file amended memo of parties on or before the NDOH.
The two applications u/O 1 R 10 CPC stand disposed of
accordingly.
Let a fresh reply be filed by ICICI Lombard Gen. Insurance
Company (previously Bharti Axa) within 30 days with copy to the
opposite counsel.
Issue fresh notice to R-2 on filing of PF/RC AD/authorized
courier for the NDOH.
Ordinary process be also issued through Ld. PDJ/Ld. CJM
concerned for the NDOH.
Now to come up for same and framing of issues on
18.03.2025.
Short date is not possible as there is pendency of about 3200
cases out of which approx. 500 cases are old matters, which shall be taken
up on priority.
(Vrinda Kumari)
Judge / PO, MACT
New Delhi/25.07.2024(R)
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